[Counterfeiting Currency Notes] 'The Crime Can Disrupt The Economy Of The Country', Allahabad HC Junks A Pre-Arrest Bail Plea [Read Order]

Update: 2020-10-05 14:58 GMT
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The Allahabad High Court on Thursday (01st October) rejected an Anticipatory Bail application filed by one Sameer Khan, in connection with Case Crime No. 638 of 2020, registered under sections 489-A (Counterfeiting currency-notes or bank-notes), 489-B (Using as genuine, forged or counterfeit currency-notes or bank-notes), 489-C (Possession of forged or counterfeit currency-notes or...

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The Allahabad High Court on Thursday (01st October) rejected an Anticipatory Bail application filed by one Sameer Khan, in connection with Case Crime No. 638 of 2020, registered under sections 489-A (Counterfeiting currency-notes or bank-notes), 489-B (Using as genuine, forged or counterfeit currency-notes or bank-notes), 489-C (Possession of forged or counterfeit currency-notes or bank-notes), 489-D (Making or possessing instruments or materials for forging or counterfeiting currency-notes or bank-notes) of IPC, P.S. Auraiya, District Auraiya.

The A.G.A. appearing for the State, vehemently opposed the application for anticipatory bail.

While observing that no case for the grant of Anticipatory Bail to the Applicant (Sameer Khan) is made out, the Single Bench of Justice Rajeev Misra stated,

"Perusal of F.I.R. shows that the crime alleged to have been committed by the present applicant is an economic offence, which can disrupt the economy of the country. Therefore, the crime alleged to have been committed by the present applicant along with other co-accused is a crime against society." (emphasis supplied)

In view of the aforesaid, the Court rejected the application for Anticipatory Bail of the Applicant.

It may be noted that in the year 2019, the Calcutta High Court in the context of S. 489B of IPC, had ruled that possession of large quantity counterfeit currency in concealed manner is active transportation amounting to trafficking.
Also, in the year 2018, the bench comprising Justice Ranjit More and Justice Bharati H Dangre of Bombay High Court had observed that mere use of any forged or counterfeit currency notes or bank notes cannot attract the provisions of Section 489(B), when mens rea is conspicuously absent.

The Bombay HC had quashed the criminal prosecution against a woman from whom some counterfeit currency notes were found in the cash she had brought for depositing in the bank after demonetisation.

"When mens rea is conspicuously absent, mere use of any forged or counterfeit currency notes or bank notes cannot attract the provisions of Section 489(B). The essential ingredient of the said offence being that the person, who receives the notes has reason to believe that the said notes are forged or counterfeit", the Court had noted. (emphasis supplied)

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[Read Order]



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